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A query was raised regarding whether services provided by a company to an agricultural cooperative, which are subsequently invoiced to its members, could be taxed at the 10% rate. The DGT ruled that they must be taxed at 21% because the cooperative is not the holder of an agricultural holding.
Cuestión planteada Tipo impositivo aplicable a las prestaciones de servicios facturadas a la Cooperativa agraria.
Para aplicar el tipo reducido del 10% en servicios necesarios para explotaciones agrícolas, forestales o ganaderas, la prestación debe realizarse en favor del titular de dicha explotación. Dado que la cooperativa agraria no es titular de una explotación, los servicios que recibe de una entidad mercantil tributan al tipo general del 21%, aunque se realicen en las explotaciones de sus socios.
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